[Cites 4, Cited by 0]
Bombay High Court
Devanand S/O Kiran Chavhan And Anr vs State Of Maharashtra Thr Pso., Sonala Ps ... on 25 February, 2026
2026:BHC-NAG:3291
1 31-Cr.BA-170-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [B.A.] NO. 170 OF 2026
Devanand S/o Kisan Chavhan and Another
-- VERSUS --
State of Maharashtra
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. Amol Jaltare, Advocate for the Applicant.
Mr. A.R. Chutke, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J.
DATE : FEBRUARY 25, 2026.
Heard.
2. The present application is filed seeking
regular bail in Crime No.245/2025 for the offence
punishable under Sections 118(2), 189(1), 189(2),
189(4), 191(2), 191(3), 190, 115(2), 351(2),
351(3), 352 and 109 of the Bharatiya Nyaya Sanhita,
2023, (BNS), read with Section 135 of the
Maharashtra Police Act, 1951, registered with Police
Station Sonala, District Buldhana.
3. As per the First Information Report, the
alleged incident took place on 01/10/2025, in front
of the informant's house. On the occasion of the
Dussehra festival, children were playing near the
house when a verbal altercation occurred between
the informant's relatives and accused No.1,
2 31-Cr.BA-170-2026
Parmeshwar Chavhan. It is alleged that accused No.1
brought a spade from his house and assaulted Sagar
Solanke on the head, causing injuries. Thereafter,
other accused persons allegedly joined and assaulted
the informant and his relatives by fist, kick and stick
blows, and also extended threats. The injured were
taken to the Primary Health Centre, Sonala, and later
referred to a Government Hospital for further
treatment. On the basis of these allegations, the FIR
was registered against the accused persons.
4. The learned counsel appearing for the
applicants submit that the role attributed to the
present applicant is that the applicants - Devanand
Chavhan and Ishwar Chavhan have assaulted the
informant - Naval Solanke and injured - Sagar
Solanke with fist and kick blows, however, though
Sagar has sustained serious and grievous injuries,
those were inflicted by the main accused -
Parmeshwar Chavhan, who has used fiber rod and
not by the present applicants. Therefore, he submits
that as the applicant - Devanand is in jail since
02/10/2025 and the applicant - Ishwar is in jail since
10/10/2025, no purpose would be served by keeping
the applicants behind bar as the investigation is over
and charge-sheet is filed.
5. The learned A.P.P. vehemently opposes
the application and submits that in furtherance of
3 31-Cr.BA-170-2026
their common object, all the accused persons
including the applicants have assaulted informant
and injured - Sagar Solanke. The learned A.P.P. has
invited my attention to the injury certificates of the
Sagar and Naval. Further, he submit that the role of
the present applicants cannot be bifurcated at the
stage of grant of bail, therefore, considering the
gravity and seriousness of the offence the applicants
may not be released on bail.
6. I have considered the rival submissions.
So far as the role of present applicants is concerned,
it is alleged that they both have assaulted injured -
Sagar and informant - Naval with the help of fist and
kick blows. Perusal of the injury certificate shows that
there is fracture of left temporal and frontal bones
and comminuted depressed fracture of left parietal
bone. It further appears that injured - Sagar was in
hospital since 02/10/2025 till 08/10/2025, however,
the injuries which are mentioned, those are
attributed to the main accused - Parmeshwar.
Therefore, considering the limited role of the
applicants who assaulted Naval and Sagar with the
help of fist and kick blows, and as the applicants are
behind bar since from 02/10/2025 and 10/10/2025
respectively, and the fact that the investigation is over
and charge-sheet is filed, and there are no criminal
antecedents against the present applicants, I am
4 31-Cr.BA-170-2026
inclined to grant bail to the present applicants on
imposing stringent conditions. Hence, the following
order:-
ORDER
(i) The Criminal Application is
allowed;
(ii) The applicants/accused
(Devanand S/o Kisan Chavhan and Ishwar S/o
Kisan Chavhan) be released on regular bail in
connection with Crime No.245/2025 for the
offence punishable under Sections 118(2),
189(1), 189(2), 189(4), 191(2), 191(3), 190,
115(2), 351(2), 351(3), 352 and 109 of the
Bharatiya Nyaya Sanhita, 2023, (BNS), read
with Section 135 of the Maharashtra Police Act,
1951, registered with Police Station Sonala,
District Buldhana, on their furnishing a P.R.
bond of Rs.25,000/- (Twenty Five Thousand
Rupees) each with two solvent sureties in the
like amount;
(iii) The accused shall not enter
within the vicinity of village Sonala, District
Buldhana;
(iv) The accused shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the facts
5 31-Cr.BA-170-2026
of the case, as also shall not tamper with the
evidence;
(v) The accused shall provide their
residential address and cell number to Police
Station concerned and shall not change their
place of residence without prior intimation to
the Investigating Agency;
(vi) The accused shall attend each and
every date of trial regularly. If they fails to
attend the trial for two consecutive dates, or
fails to comply with the aforesaid conditions,
their default would entail the State to ask for
cancellation of bail or even trial Court suo moto
take cognizance of this and cancel the bail;
(vii) Pending Misc. Application(s), if
any, also stand disposed of.
7. The observations of this Court are prima
facie in nature. The Trial Court shall not be
influenced by the observations of this Court and the
observations are restricted to this bail application
only.
[ M.M. NERLIKAR, J ]
Piyush Mahajan
